law - stanford university press · 2 u.s. law and courts copyfraud and other abuses of intellectual...

Law

StanfordUniversity Press

New and Forthcoming Titles from Stanford University Press20% discount on all cloth and paperback titles

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2012

u.s. Law and courts2

Copyfraud and Other Abuses of Intellectual Property LawJason MazzoneIntellectual property law in the United States does not work well and it needs to be reformed—but not for the reasons given by most critics. Rather, the primary prob-lem is overreaching by those who abuse intellectual property law by claiming stronger rights than the law actually gives them. This is the first book to examine overreaching as a distinct prob-lem and to show how to solve it.

“Makes a crucial contribution to a framework for shoring up the governance of bits in the digital age. The formidable powers of intellectual property should be matched by proper policing of its boundaries.”

—Jonathan Zittrain, Harvard University

“Masterfully shows the aston-ishing ways in which content industries misuse their intel-lectual property rights—and how to rein them in. A must read for anyone who cares about the future of creativity.”

—Jimmy Wales, Founder of Wikipedia

312 pp., 20119780804760065 Cloth $27.95 $22.36 sale

Table of ContentsU.S. Law and Courts ........2-3

Law and Society ................4-7

International and Comparative Law ............8-10

Jurisprudence and Legal History ................... 10-11

Exam Copy Policy .........................6

Ordering .............................................7

Felony MurderGuyora BinderFelony Murder is the first book on this controversial legal doctrine. It shows that felony murder liability rests on a simple and powerful idea: that the guilt incurred in at-tacking or endangering oth-ers depends on one’s reasons for doing so. Inflicting harm is wrong, and doing so for a bad motive—such as robbery, rape, or arson—aggravates that wrong. In presenting this idea, Guyora Binder criticizes prevailing academic theories of criminal intent for trying to purge criminal law of moral judgment. Ultimately, Binder shows that felony murder law has been and should remain limited by its justifying aims.

“Dismantles a mythological history that has long shaped criminal law teaching and anchored modern criminal law theory, opening a path to a fundamentally new way of understanding the role of criminal law in contempo-rary society. Truly one of the outstanding contributions to criminal law theory in our time.”

—Jonathan Simon, University of California, Berkeley

Critical Perspectives on Crime and Law368 pp., 20129780804755368 Paper $29.95 $23.96 sale9780804755351 Cloth $90.00 $72.00 sale

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u.s. Law and courts 3

AVAILABLE IN DECEMBER 2012

The Failed Promise of OriginalismFrank CrossThe primary point of the book is an examination of the degree to which originalism influences the Court’s decisions. Frank B. Cross tests this by examining whether originalism appears to constrain the ideological preferences of the justices, which are a demon-strable predictor of their decisions. Ultimately, he finds that however theoretically appealing origi-nalism may seem, the changed circumstances over time and lack of reliable evidence means that its use is indeterminate and meaningless. Originalism can be selectively deployed or manipu-lated to support and legitimize any decision desired by a justice.232 pp., 20129780804783828 Cloth $40.00 $32.00 sale

PAPERBACK AVAILABLE IN August 2012

The Theory and Practice of Statutory InterpretationFrank B. Cross248 pp., 16 tables, 15 figures, 20099780804785235 Paper $24.95 $19.96 sale9780804759120 Cloth $50.00 $40.00 sale

AVAILABLE IN sEPtEMBER 2012

Without Fear or FavorJudicial Independence and Judicial Accountability in the StatesG. Alan TarrThe impartial administration of justice and the account-ability of government officials are two of the most strongly held American values. Yet these values are often in direct conflict with one another.

At the national level, the U.S. Constitution resolves the ten-sion between these two values in favor of judicial indepen-dence. But at the state level, debate has continued as to the proper balance between judi-cial independence and judicial accountability. In this volume, Tarr focuses squarely on that debate. In part, the analysis is historical: how have the reign-ing conceptions of judicial in-dependence and accountability emerged. In part, the analysis is theoretical: what is the proper understanding of judicial inde-pendence and accountability? Law, Politics, and the Media320 pp., 20129780804760409 Paper $27.95 $22.36 sale9780804760393 Cloth $85.00 $68.00 sale

What’s Law Got to Do With It?What Judges Do, Why They Do It, and What’s at StakeEdited by Charles Gardner Geyh

“That political scientists and law professors bring distinct approaches to the study of judging is inevitable. That the two are mutually informa-tive—not mutually exclu-sive—is just as undeniable, as this volume admirably demonstrates. A great read.”

—Lee Epstein, Northwestern University

Law, Politics, and the Media376 pp., 4 tables, 13 figures, 20119780804775335 Paper $27.95 $22.36 sale 9780804775328 Cloth $85.00 $68.00 sale

All Judges Are Political—Except When They Are NotAcceptable Hypocrisies and the Rule of LawKeith J. BybeeThe Cultural Lives of Law192 pp., 20109780804753128 Paper $19.95 $15.96 sale9780804753111 Cloth $55.00 $44.00 sale

Law and society4

AVAILABLE IN DECEMBER 2012

Governing SecurityThe Hidden Origins of American Security AgenciesMariano-Florentino CuéllarThe impact of public law depends on how politicians secure control of the nation’s public organiza-tions, and how these organiza-tions in turn are used to define national security. Governing Security investigates the origins of two major federal agencies that touch the lives of Americans every day: the Roosevelt-era Federal Security Agency (which gave rise to the present-day De-partment of Health and Human Services) and the more recently created Department of Homeland Security. Through the stories of both organizations, Cuéllar offers a compelling account of cru-cial developments affecting the basic architecture of our nation.

“Security is a simple word with a complex and contested history. In this learned, lucid, and pro-vocative book, Cuéllar brilliantly illuminates both the intellectual and the institutional evolution of America’s often troubled preoccupation with security.”

—David Kennedy, Stanford University

328 pp., 20129780804770705 Paper $29.95 $23.96 sale9780804770699 Cloth $90.00 $72.00 sale

New Destination DreamingImmigration, Race, and Legal Status in the Rural American SouthHelen B. Marrow

“Immigration has come to small town America, and Helen Marrow offers a penetrating look at how Latino immi-grants are faring in two rural southern counties. She shines new light on old issues and focuses a clarifying lens on the challenges of assimilation in places that have had little experience of diversity beyond the black-white color line.”

—Douglas S. Massey, Princeton University

392 pp., 2 tables, 1 figure, 8 illustrations, 3 maps, 20119780804773089 Paper $24.95 $19.96 sale9780804773072 Cloth $80.00 $64.00 sale

NEW IN PAPERBACK

The Politics of TraffickingThe First International Movement to Combat the Sexual Exploitation of WomenStephanie A. Limoncelli232 pp., 4 tables, 20109780804783118 Paper $24.95 $19.96 sale9780804762946 Cloth $39.95 $31.96 sale

GridlockLabor, Migration, and Human Trafficking in DubaiPardis Mahdavi

“Mahdavi’s examination of the labor conditions in the UAE, teases out the differ-ences between trafficking into forced labor and migration for work—albeit under lousy conditions. Her analysis reveals the perverse effects that anti-trafficking policies have had on migrants’ rights. At the heart of the book is a plea for greater worker protections. A must-read for those inter-ested in labor and migration issues—not just trafficking.”

—Denise Brennan, Georgetown University

264 pp., 7 photographs, 20119780804772204 Cloth $27.95 $22.36 sale

The Migration ApparatusSecurity, Labor, and Policymaking in the European UnionGregory Feldman248 pp., 20119780804761079 Paper $22.95 $18.36 sale9780804761062 Cloth $70.00 $56.00 sale

Law and society 5

State of White SupremacyRacism, Governance, and the United StatesEdited by Moon-Kie Jung, João H. Costa Vargas, and Eduardo Bonilla-Silva

“A savvy blockbuster of a book, telling it like it really is: The U.S. state is systemically racist and imperialistic, with tentacles reaching into an array of so-cietal arenas and operations, including military institutions, immigration agencies, schools, the Supreme Court, the wel-fare system, and the terrorism mislabeled ‘hate crimes.’ “

—Joe R. Feagin, Texas A&M University

352 pp., 9 figures, 4 photographs, 1 map, 20119780804772198 Paper $24.95 $19.96 sale9780804772181 Cloth $75.00 $60.00 sale

Law in Many SocietiesA ReaderEdited by Lawrence M. Friedman, Rogelio Pérez-Perdomo, and Manuel A. Gómez

“This stimulating volume is a real winner.”

—Eric Feldman, University of Pennsylvania


BrokeHow Debt Bankrupts the Middle ClassEdited by Katherine PorterAbout 1.5 million households filed bankruptcy in the last year, making bankruptcy as common as college graduation and divorce. The recession has pushed more and more families into financial collapse—with unemployment, declines in retirement wealth, and falling house values desta-bilizing the American middle class. Broke explores the conse-quences of this unprecedented growth in consumer debt and shows how excessive borrow-ing undermines the prosper-ity of middle class America.

“Too many American families are deep in debt. It’s not only a human tragedy for them but also a national problem as their debt burden hobbles the American economy and their inability to repay cripples lenders. What should be done? Here’s a useful and insightful guide to policies that can help.”

—Robert B. Reich

“At last a book that analyzes the growing effects of debt and bankruptcy with rigor and data.”

—John, A.E. Pottow, University of Michigan

Studies in Social Inequality320 pp., 20129780804777018 Paper $24.95 $19.96 sale9780804777001 Cloth $80.00 $64.00 sale

AVAILABLE IN August 2012

Racing for InnocenceWhiteness, Gender, and the Backlash Against Affirmative ActionJennifer L. PierceThis book examines the back-lash against affirmative action, focusing on the stories of legal professionals in an elite law firm and cultural and personal forms of memory in the late 1980s and early 1990s—just as courts, universities, and other institutions began to end affirmative action programs across the United States.

“This compelling book brings affirmative action back into the spotlight.”

—Patricia Yancey Martin, Florida State University


Taking Local ControlImmigration Policy Activism in U.S. Cities and StatesEdited by Monica W. Varsanyi320 pp., 13 tables, 5 figures, 3 maps, 20109780804770279 Paper $24.95 $19.96 sale9780804770262 Cloth $65.00 $52.00 sale

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ht Examination Copy PolicyStanford University Press will be glad to send you an ex-amination copy of any book you wish to consider for course use. Please mail or fax your request on your depart-ment letterhead specifying the title of your course, your expected enrollment, the semester or quarter in which the course will be offered, the course level (under-graduate or graduate), and any textbooks now currently being used for this course.

We allow instructors 90 days to consider any title for potential course adoption. Your examination copy will be followed by an invoice offering a 20% academic discount, plus shipping charges, payable within 90 days. If an adoption noti-fication is received within that 90 day period, your invoice will be cancelled. Otherwise, you may return the copy to our warehouse, or purchase it for your own use at the 20% discount.

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Law and society6

AVAILABLE IN OCtOBER 2012

The Secrets of LawEdited by Austin Sarat, Lawrence Douglas, and Martha Merrill UmphreyThis book explores the ways law both traffics in and regulates secrecy. Taking a close look at the opacity built into legal and governance processes, it ex-amines the ways law produces zones of secrecy, the relation between secrecy and justice, and how we understand the inscrutability of law’s processes.

“This compelling interdisciplin-ary volume raises the timely question of transparency in law and governance, and delivers a rich, nuanced exploration in this new collection of essays that will prove useful for students of law, politics, and humanities.”

—Sara Murphy, New York University

288 pp., 20129780804782593 Cloth $65.00 $52.00 sale

Law as Punish-ment / Law as RegulationEdited by Austin Sarat, Lawrence Douglas, and Martha Merrill Umphrey200 pp., 20119780804771702 Cloth $65.00 $52.00 sale

Imagining New LegalitiesPrivacy and Its Possibilities in the 21st CenturyEdited by Austin Sarat, Lawrence Douglas, and Martha Merrill UmphreyThis book reminds us that examining the right to pri-vacy and the public/private distinction is an important way of mapping the forms and limits of power that can legitimately be exercised by collective bodies over individu-als and by governments over their citizens. It does not seek to provide a comprehensive overview of threats to privacy and rejoinders to them. Instead, it considers several different conceptions of privacy and pro-vides examples of legal inven-tiveness in confronting some contemporary challenges to the public/private distinction.

“Advances our thinking about powerful political and cultural challenges embedded in our efforts to improve our under-standing of the law. This is a tru-ly thoughtful, timely, and well-grounded collection of essays.”

—William Lyons, University of Akron

224 pp., 20129780804777049 Cloth $65.00 $52.00 sale

Receive a 20% discount (sale price) on all cloth and paperback titles listed in this catalog. Use the following Promotional Discount Code: S12LAW.

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Law and society 7

After Secular LawEdited by Winnifred Fallers Sullivan, Robert A. Yelle, and Mateo Taussig-Rubbo This work gives special atten-tion to the secularism of law, exploring how law became secular, the phenomenology of the legal secular, and the chal-lenges that lingering religious formations and other aspects of globalization pose for mod-ern law’s self-understanding. Bringing together scholars with a variety of perspectives and orientations, it provides a deeper understanding of the interconnections between law and religion and the unex-pected histories and anthro-pologies of legal secularism in a globalizing modernity.

“You will never again look at ‘secular’ law in the same way af-ter reading this book. The topic of rethinking law and religion after the critique of secularity is important and timely, and this book reframes the entire debate through an ambitious, eclectic, and often brilliant series of interventions. It will be a benchmark in the many fields to which it contributes and is a major contribution to the study of law, religion, and politics.”

—Elizabeth Shakman Hurd, Northwestern University

400 pp., 20119780804775366 Cloth $60.00 $48.00 sale

AVAILABLE IN NOVEMBER 2012

ZoolandThe Institution of CaptivityIrus BravermanZoos have their ardent sup-porters and their vocal detrac-tors. And while we all have opinions on what zoos do, few people consider how they do it. Irus Braverman draws on more than sixty interviews conducted with zoo manag-ers and administrators, as well as animal activists, to offer a glimpse into the otherwise un-known complexities of zooland.

Drawing on studies of the panopticon and pastoral care and the methods of science and technology studies, this book illuminates the project of governing zoo animals. And in so doing, it makes surprising interconnections between our understandings of the human and the nonhuman.

"Offering a very close study of human-animal relationships under specific institutional and ideological conditions, Braverman has written a great book about zoos, maybe the best ever."

—David Delany, Amherst College


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international and comparative Law8


Time in the ShadowsConfinement in CounterinsurgenciesLaleh Khalili Detention and confinement— of both combatants and civil-ians—have become fixtures of asymmetric wars. This book investigates the two major liberal counterinsurgencies of our day: Israeli asymmetric warfare in Palestine and the U.S. War on Terror. In rich detail, the book investigates Abu Ghraib, Guan-tánamo Bay, CIA black sites, and Gaza, among others, and links them to a history of colonial counterinsurgencies. Khalili deftly demonstrates that whatever the form of incarceration—vis-ible or invisible, offshore or inland—liberal states have con-sistently acted illiberally in their counterinsurgency confinements.

“Deft and informative, the book provides a historical excavation of the imperatives of counter-insur-gency doctrines—from the ideas that drove the European colonial wars in the dying days of those empires to the U.S. and Israeli states of warfare in our own times.”

—Vijay Prashad, Trinity College,


The Handbook of Comparative Criminal LawEdited by Kevin Jon Heller and Markus D. Dubber

“This essential work provides a useful starting point for anyone interested in how central issues of criminal law are dealt with across a wide range of legal systems. The admirably broad coverage encompasses the laws of sixteen nations across six continents, including some only rarely, and less compre-hensively, dealt with in English.”

—Stuart Green, Rutgers School of Law

672 pp., 20109780804757584 Cloth $90.00 $72.00 sale

Gender and Islam in AfricaRights, Sexuality, and LawEdited by Margot BadranCopublished with the Woodrow Wilson Center Press336 pp., 20119780804774819 Cloth $60.00 $48.00 sale

Between Law and DiplomacyThe Social Contexts of Disputing at the World Trade OrganizationJoseph A. ContiDrawing on interviews with trade lawyers, ambassadors, trade delegations, and trade jurists, this book details how trade has become increasingly legalized and the implica-tions of that for power rela-tions between rich and poor countries. Joseph Conti looks closely at who uses the system to initiate and pursue disputes, who settles and on what terms, and the relative disconnect between pursuing a dispute and what a country gains through efforts to gain com-pliance with WTO dictates.264 pp., 3 tables, 4 figures, 20109780804771436 Cloth $50.00 $40.00 sale

The Fog of LawPragmatism, Security, and International LawMichael J. GlennonCopublished with the Woodrow Wilson Center Press224 pp., 20109780804771757 Cloth $40.00 $32.00 sale

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international and comparative Law 9

Values in TranslationHuman Rights and the Culture of the World BankGalit A. SarfatyValues in Translation analyzes the organizational culture of the World Bank and addresses the question of why it has not adopted a human rights frame-work. Academics and social advocates have typically focused on legal restrictions in the Bank’s Articles of Agreement. This work’s anthropological analy-sis sheds light on internal ob-stacles including the employee incentive system and a clash of expertise between lawyers and economists over how to define human rights and justify their relevance to the Bank’s mission.

“Why has the World Bank been so slow to take on human rights? This fascinating ethnography follows the movement of people and ideas within the Bank to show how human rights were ‘economized’ in order to be heard. It offers great insight into the way organizations work and into the cultural dimensions of law.”

—Sally Engle Merry, New York University

200 pp., 2 tables, 20129780804763523 Paper $24.95 $19.96 sale9780804763516 Cloth $80.00 $64.00 sale


Campaigning for JusticeHuman Rights Advocacy in PracticeJo Becker Human rights advocates have had remarkable success establishing new international laws, securing concrete changes in policies and practices, and transforming the terms of public debate. Yet too of-ten, the strategies these advocates have employed are not broadly shared. Written from a practitio-ner’s perspective, this book ex-plores the strategies behind some of the most innovative human rights campaigns of recent years.

“A singular contribution to the literature on activism.”

—Elazar Barkan, Columbia University


Stones of HopeHow African Activists Reclaim Human Rights to Challenge Global PovertyEdited by Lucie E. White and Jeremy Perelman 280 pp., 20109780804769204 Paper $24.95 $19.96 sale9780804769198 Cloth $70.00 $56.00 sale


In the Wake of NeoliberalismCitizenship and Human Rights in ArgentinaKaren Ann FaulkThis book is concerned with the complex interrelationship of the discourse of human rights and the neoliberal project. In exploring how “rights talk” is used and adapted locally by various activist groups, the book looks at the mutually forma-tive and contentious interac-tions between ideas of human rights, rights of citizenship, and the concrete and envisioned social relationships that form the basis for social activism in the wake of neoliberalism.

“A powerful and moving eth-nographic work that fixes transnational conceptions of human rights in the context of a global neoliberalism, grounded firmly in the history and society of Argentina. The book makes a valuable contri-bution to the interdisciplinary literature on human rights.”

—Daniel Goldstein, Rutgers University


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international and comparative Law 10

Global competition Law and EconomicsA new book series edited by ioannis Lianos and d. daniel sokol

Competition law and eco-

nomics—or antitrust as

it is known in the United

States—is an area of cut-

ting-edge academic work

with significant policy

implications. Once con-

fined to the United States

and a few other countries,

antitrust has taken off as

a global area of study in

a relatively short period

of time. More than 100

jurisdictions now have

competition laws, and de-

velopments in economic

thinking have helped to

reformulate attitudes in

both academic and policy

circles. This new book

series will be at the fore-

front of the development

of new ideas and ap-

proaches within the field.

The Global Limits of Competition LawEdited by Ioannis Lianos and D. Daniel SokolOver the last three decades, the field of antitrust law has grown increasingly prominent, and more than one hundred coun-tries have enacted competition law statutes. As competition law expands to jurisdictions with very different economic, social, cultural, and institutional back-grounds, the debates over its usefulness have similarly evolved.

This book, the first in a new series on global competition law, critically assesses the importance of competition law, its devel-opment and modern practice, and the global limits that have emerged. This volume will be a key resource to both scholars and practitioners interested in antitrust, competition law, economics, business strategy, and administrative sciences.

“Given the increasingly global dynamics of competition law and economics, Lianos and Sokol will make an important contribution to the field of antitrust with this new series.”

—Einer Elhauge, Harvard University

312 pp., 13 tables, 3 figures, 20129780804774901 Cloth $50.00 $40.00 sale

Juridical HumanityA Colonial HistorySamera EsmeirSamera Esmeir offers a histori-cal and theoretical account of the colonizing operations of modern law in Egypt. Investigating the law, both on the books and in practice, she underscores the centrality of the “human” to Egyptian legal and colonial history and argues that the production of “juridi-cal humanity” was a constitutive force of colonial rule and subjuga-tion. This original contribution queries long-held assumptions about the entanglement of law, humanity, violence, and nature, and thereby develops a new read-ing of the history of colonialism.

“Delivers an extremely compelling and smart interweaving of time, legality, and postcolonialism, and is an innovative tool for those working in legal and postcolonial theory and represents a major leap forward in postcolonial thinking.”

—Keally McBride, University of San Francisco


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international and comparative Law Jurisprudence and Legal History 11

Henry Ford’s War on Jews and the Legal Battle Against Hate SpeechVictoria Saker WoesteThis is the story of Ford’s owner-ship of the Dearborn Independent, his involvement in the defama-tory articles it ran, and the two Jewish lawyers, Aaron Sapiro and Louis Marshall, who each tried to stop Ford’s war. In 1927, the case of Sapiro v. Ford trans-fixed the nation. In order to end the embarrassing litigation, Ford apologized for the one thing he would never have lost on in court: the offense of hate speech.

“Gives us great courtroom drama and captures an impor-tant historical moment. This will be the definitive work on Henry Ford and his confron-tation by American Jews.”

—Richard S. Levy, University of Illinois at Chicago

448 pp., 29 illustrations, 20129780804772341 Cloth $55.00 $44.00 sale

Woman LawyerThe Trials of Clara FoltzBarbara Babcock392 pp., 13 figures, 20119780804743587 Cloth $45.00 $36.00 sale

Philip SelznickIdeals in the WorldMartin KrygierPhilip Selznick’s wide-ranging writings engaged with funda-mental questions concerning society, politics, institutions, law, and morals. Never con-fined by a single discipline or approach, he proved himself a major figure across a range of fields including sociology, organizations and institutions, leadership, political science, so-ciology of law, political theory, and social philosophy. This volume, the first book-length treatment of Selznick’s ideas, discusses Selznick’s various intellectual contributions.

“A wonderfully lucid and per-ceptive intellectual biography of Philip Selznick, covering the full range of Selznick’s work in organizational theory, leadership studies, legal sociol-ogy, and moral philosophy.”

—Kenneth Winston, Harvard Kennedy School

352 pp., 20129780804744751 Cloth $65.00 $52.00 sale

FORtHCOMINg: FALL 2012

Ronald DworkinThird EditionStephen GuestRonald Dworkin is widely ac-cepted as the most important and most controversial Anglo-American jurist of the past forty years. And this same-named volume on his work has become a minor classic in the field, offer-ing the most complete analysis and integration of Dworkin’s work to date. This third edition offers a substantial revision of earlier texts and, most impor-tantly, incorporates discussion of Dworkin’s recent master-work Justice for Hedgehogs.

Praise for earlier editions:

“The leading work in the field . . . I know of no comparable work of this scope and depth in the study of Dworkin’s work.”

—David A. Richards, New York University


HabermasThe Discourse Theory of Law and DemocracyHugh Baxter352 pp., 20119780804769129 Cloth $60.00 $48.00 sale

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law - stanford university press · 2 u.s. law and courts copyfraud and other abuses of intellectual...

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